(MPI) - National Assembly Chairman Tran Thanh Man has just signed and issued Resolution No. 136/2024/QH15 on the organization of urban government and piloting a number of specific mechanisms and policies for the development of Da Nang city.
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| Illustration photo. Source: Danang.gov.vn |
This Resolution regulates the organization of urban government and pilots a number of specific mechanisms and policies for the development of Da Nang city on financial management, state budget; investment management; planning management, urban, natural resources, environment; priority industries and occupations to attract strategic investors to the city; establishment of Da Nang Free Trade Zone; investment in the development of semiconductor chips, artificial intelligence, information and communications, science and technology management, innovation.
Applicable subjects include: State agencies, political organizations and socio-political organizations; Socio-political and professional organizations, social organizations and socio-professional organizations; Other relevant organizations and individuals.
Regarding the organization of urban government, the local government in the City is the local government level, including the City People's Council and the City People's Committee. The local government in the districts of the City is the District People's Committee. The District People's Committee is the state administrative agency in the district, performing tasks and powers according to the provisions of this Resolution and according to the decentralization and authorization of the City People's Committee and the Chairman of the City People's Committee. The local government in the wards of the districts in the City is the Ward People's Committee. The Ward People's Committee is the state administrative agency in the ward, performing tasks and powers according to the provisions of this Resolution and according to the decentralization and authorization of the City People's Committee, the Chairman of the City People's Committee, the District People's Committee, and the Chairman of the District People's Committee. The organization of local government in other administrative units of the City is implemented according to the provisions of the Law on Organization of Local Government.
Regarding the piloting of a number of specific mechanisms and policies for the development of Da Nang city, regarding investment management, the separation of compensation, support, resettlement, and site clearance projects from public investment projects is decided by the City People's Council on the investment policy of the overall project with the scale of a group B project in the transport sector according to the provisions of the law on public investment, with the right to decide on the separation of compensation, support, resettlement, and site clearance work into an independent project when approving the overall project investment policy; deciding on the objectives, scale, total investment, capital structure, and investment location of the compensation, support, resettlement, and site clearance project in the decision on the overall project investment policy.
Based on the overall project investment policy, the Chairman of the City People's Committee decides to invest and adjust compensation, support, resettlement and site clearance projects within the scope of objectives, scale, total investment, capital structure and location of the overall project implementation.
In case of adjustment of compensation, support, resettlement and site clearance projects, factors that require adjustment of the overall project investment policy arise, the City People's Council shall adjust the overall project investment policy before the Chairman of the City People's Committee adjusts the compensation, support, resettlement and site clearance project. Adjustment of the overall project investment policy and adjustment of compensation, support, resettlement and site clearance projects shall be carried out in accordance with the provisions of the law on public investment and other relevant provisions of law.
The decision to invest in compensation, support, resettlement and site clearance projects is the basis for competent authorities to decide on the allocation of annual public investment plan capital for implementation, and is also the basis for competent state agencies to issue land recovery notices and land recovery decisions.
The City People's Council shall issue a list of public investment projects to separate compensation, support, resettlement, and site clearance projects from the public investment projects specified in this clause.
Regarding the implementation of investment projects under the public-private partnership method (hereinafter referred to as PPP projects), in addition to the fields prescribed in the Law on Investment under the public-private partnership method, the City is allowed to apply investment under the public-private partnership method to investment projects in the fields of sports, culture and investment in construction and business of market infrastructure.
The total investment for PPP projects investing in construction and trading market infrastructure is not less than 100 billion VND. The minimum total investment for PPP projects in the field of sports and culture is stipulated by the City People's Council.
The City People's Committee issues service prices for renting sales areas at the market to include in the bidding documents for selecting investors.
The order and procedures for implementing PPP projects specified in this clause shall comply with the provisions of law on investment under the public-private partnership method and other relevant provisions of law.
The City People's Council specifies the contents of PPP projects in the fields of sports, culture, and investment in construction and business of market infrastructure in the pre-feasibility study report, feasibility study report, and criteria for evaluating bidding documents and PPP project contracts.
Public service units assigned to manage and operate technical infrastructure of industrial clusters that have been invested from public investment capital sources shall be allocated land by the State, leased land and sub-leased land. The City People's Committee shall prescribe the financial mechanism, authority to determine and decide on rental prices and rental subjects in accordance with the actual conditions of the City.
Regarding the establishment of the Da Nang Free Trade Zone, the Resolution clearly states that the Da Nang Free Trade Zone will be established in conjunction with Lien Chieu Seaport. The free trade zone is a functional area with defined geographical boundaries, established to pilot mechanisms and policies aimed at attracting investment, finance, trade, tourism and high-quality services.
The Da Nang Free Trade Zone has functional areas specified in the Prime Minister's decision to establish the Da Nang Free Trade Zone, including production areas, logistics centers, trade and service areas and other types of functional areas as prescribed by law. The functional areas of the Da Nang Free Trade Zone are separated from the outside areas by hard fences, ensuring the inspection, supervision and customs control activities of the customs authorities and the state management activities in the corresponding fields of relevant agencies as prescribed by law. The relationship of buying and selling and exchanging goods between the functional areas of the Da Nang Free Trade Zone and the outside areas is an export and import relationship as prescribed by law on customs, taxes and export and import.
The Prime Minister decides to establish, adjust and expand the boundaries of the Da Nang Free Trade Zone. The procedures for establishing, adjusting and expanding the boundaries of the Da Nang Free Trade Zone are the same as the procedures for establishing, adjusting and expanding the boundaries of economic zones as prescribed by law.
Pursuant to the Decision on establishment, adjustment and expansion of the boundary of Da Nang Free Trade Zone approved by the Prime Minister, the City People's Committee organizes the preparation, appraisal and approval of local adjustments to the City's master plan within the boundary of Da Nang Free Trade Zone to ensure consistency after receiving written consent from the Ministry of Construction.
The City People's Committee approves the investment policy for the project of investment in construction and business of infrastructure of functional areas in the Da Nang Free Trade Zone. The order and procedures for approving the investment policy are implemented as the order and procedures for approving the investment policy for projects under the authority of the Provincial People's Committee in accordance with the provisions of the law on investment. During the process of implementing the investment policy approval procedure, the City People's Committee decides to consult with relevant Ministries and branches and decides to approve the investment policy according to its authority.
Regarding the state management responsibilities of ministries, branches, and the City People's Committee for the Da Nang Free Trade Zone, ministries, ministerial-level agencies, and government agencies are responsible for presiding over and coordinating with the City People's Committee in supervising the decentralization and authorization of the Management Board of the Da Nang High-Tech Park and Industrial Parks to perform the tasks and powers specified in this Article; directing, guiding, inspecting, and examining the contents under the assigned state management functions; resolving within their authority or reporting to competent authorities to resolve issues arising in the process of organizing the implementation and monitoring the enforcement of laws within the assigned state management scope.
Regarding the implementation provisions, the Resolution takes effect from January 1, 2025. Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of the urban government model and a number of specific mechanisms and policies for the development of Da Nang city ceases to be effective from the effective date of this Resolution.
The pilot implementation period of specific mechanisms and policies for the City's development specified in Chapter III of this Resolution is 05 years./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-7-17/Nghi-quyet-ve-to-chuc-chinh-quyen-do-thi-va-thi-di0mz691.aspx
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